A society is a collection of people who gather together to support charitable endeavors including sports, music, culture, education, and the arts. A society must have a minimum of seven members, who may be either Indian residents or foreigners. In Tamil Nadu, the state government controls society registration and directs registration requests to the appropriate state agency.
The reason for establishing the Societies
Societies are governed to develop science, literature, and the fine arts and disseminate practical information, political education, and philanthropic endeavors. According to Section 20 of the main Act, the following objectives may be pursued through society registration by the Act:
- Financing for humanitarian aid
- Creation of funding for military orphans
- Societies that have been approved by India’s General Presidency
- Promoting the fine arts, literature, science, and other fields; promoting the spread of political education; and
- Maintenance of the grounds or facilities for reading rooms or libraries
- public museums or painting galleries,
- the sum of innate history,
- Acts of Work,
- mechanical and philosophical inventions,
Benefits of Society Registration Enrollment
- Every certified society has access to legal standing.
- A registered society may legitimately create a new current account in its name.
- Obtain commission and respect in accordance with the Income Tax Act.
- A certified society gains the legal standing necessary for the legislative enthronement of its wealth.
- Legal identification is provided to registered societies before all authorities and forums.
- The registered society’s members are legally bound to the same standard as if they had agreed to the company’s memorandum.
- A registered society may bring legal action.
For a society registration, the mentioned below documents are needed:
- The Society name
- Address proof of the registered office.
- Identity proof of all the members of the company which can be:
- Aadhaar card
- Copy of Passport
- Driving License
- Voter ID
- Two copies of the MOA and By-laws as per the specified norms for the society registration.
Once the processing fee for the registration is executed, it takes around 8 to 10 days to draft the MoA and By-laws of the Society. Thenceforth it takes about 21 to 30 days to complete the Society registration process.
Online registration for societies
The Act specifies a step-by-step process for completing the society registration. For a society to be registered, the following conditions must be satisfied:
Members: A state society must have at least seven individuals as members, and at least eight individuals from at least eight different states must be included (including one from Delhi)
Jurisdiction: The applicable jurisdiction is the place where the society’s registered office is located in front of the district registrar responsible for that area.
Act regulating: The registration procedure is governed by the Societies Registration Act of 1986.
Property management: The society is the owner of the property, which may be sold subject to the bylaws’ stipulations.
Dissolution: In the event of dissolution, the registered society is required to pay off all debts and obligations and donate any residual cash to other organizations with comparable goals. The members will never share the amusement.
Executive Board: Its officers include a vice president, secretary, treasurer, and president.
Annual Compliance: Societies are expected to provide to the Registrar of Societies an annual list of the names, addresses, and positions held by members of their managing committee.
Criteria for Qualification for Society Registration
By signing a Memorandum of Agreement and approving it with the Registrar of Joint-Stock Companies, seven or more people who are associated for any charitable, scientific, or literary purpose—or for any other purpose listed in Section 20 of the Societies Registration Act of 1860—may establish a society under the provisions of the aforementioned Act.
Registration of Societies in India
Seven or more people are required to start a society. In addition to Indian citizens, foreigners, businesses, and other registered societies may subscribe to a society’s memorandum. Societies can also be registered or unregistered, just like Partnership Firms. Only registered Societies, however, have the ability to own vested property and/or launch a lawsuit on behalf of or against the Society.
State governments are in charge of managing society registration. As a result, the application for society registration must be submitted to the relevant agency in the State where the society’s registered office will be located.
The founding members must first come to an agreement on the Society’s name and draft the Memorandum and Rules and Regulations of the Society before the Society can be registered.
Society Registration: Choosing a Name
It’s crucial to keep in mind that the Societies Act, of 1860 prohibits using a name that is close to or identical to one already registered with the government. Additionally, the proposed name for the organization must not imply favoritism of the Indian Government or any State Government or violate the rules of the Emblem and Names Act, of 1950.
Statement of a Society
Following this, the Memorandum of the Society and the Rules and Regulations of the Society must be signed by each of the founding members and witnessed by an Oath Commissioner, Notary Public, Gazette Officer, Advocate, Chartered Accountant, or Magistrate 1st Class with their official stamp and full address. For society registration, the following paperwork must be completed, signed, and submitted:
- Cover letter from the Society’s founding members requesting registration.
- A certified copy and a duplicate of the society’s memorandum of association
- Duplicate copies of the Society’s rules and regulations, each fully signed by the founding members.
- The relationship between the subscribers is stated in an affidavit signed by the president or secretary of the society.
- Proof of address for the Society’s registered office and a landlord’s letter of no objections.
The Memorandum and Rules and Regulations must then be submitted to the relevant State Registrar of Societies along with the required filing fee. The Registrar would certify to consider the Society to be registered if the application for Society Registration was approved.
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